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MUNZER v. FIRE & MAR. INS. CO.

145 A.D.2d 193 (1989)

I. Walter Munzer et al., Respondents-Appellants, v. St. Paul Fire and Marine Insurance Company et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 23, 1989

Attorney(s) appearing for the Case

Adams, Duque & Hazeltine (LaPann, Reardon, Morris, FitzGerald & Firth, P. C. [Peter D. FitzGerald] of counsel), for St. Paul Fire and Marine Insurance Company and another, appellants-respondents.

Carter, Conboy, Bardwell, Case, Blackmore & Napierski (Wiley, Rein & Fielding [Marilyn E. Kerst and Thomas W. Brunner] of counsel), for Maryland Casualty Company, appellant-respondent.

Miller, Mannix & Pratt, P. C. (Benjamin R. Pratt, Jr., of counsel), for respondents-appellants.

Mudge, Rose, Guthrie, Alexander & Ferdon (Paul R. Koepff and Kathleen A. Gallagher of counsel), for Insurance Environmental Litigation Association, amicus curiae.

CASEY, J. P., MIKOLL, YESAWICH, JR., and MERCURE, JJ., concur.

HARVEY, J.

Plaintiffs commenced this action against defendants, St. Paul Fire and Marine Insurance Company, St. Paul Mercury Insurance Company (hereinafter collectively referred to as St. Paul) and Maryland Casualty Company (hereinafter Maryland), seeking, inter alia, a declaration that defendants wrongfully refused to indemnify or represent them in various actions instituted against them as a result...

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